St. Paul daily globe., 1887-03-02
USURN CASE DECIDED.
The Court Finds for Defendant--Va-
riOMS Court NEWS.

The old uSury case of Daniel Woodbury.
VS.. Emma Michel, which has been in the
district court for some time, was brought to
a close yesterday when Judge Young filed
decision finding for the defendant. The
facts in the case were these: Prior to May
21, 1856. the plaintiff had executed to the
defendant several promiSsOry notes for diff
ferent sums of money, all bearing interest
at the rate of 10 per cent. On May 21 there
was due for principal and interest upon the
notes the sum of 50, 599.14. On this day
the plaintiff borrowed of defendant the
further sum of S50.S6, making the total
amount of Indebtedness 50, $50. For this
amount he gave his promissory note bearing
10 per cent. interest, and to secure the
notes he gave mortgage upon certain
property. In giving his decision Judge
Young says: The plaintiff alleges that the
total amount due defendant May 81 was the
sum of 50 6S1.19, and that to make up the
aggregate of 81, $50 there was added TO this
sum the further sum of S6S.S1. bonus or
usurious interest. The evidence shows
that Oh May 21 there was due from
principal and interest 50, 599.14 and that
to make up the amount which defendant
was willing to loan on the property, to-wit.
So, $50, She loaned him the sum of $3.50. Sc
which. with the sum due, aggregated
81, 750. The complaint alleges generally
that prior to the May 81 settlement
the transactions between the parties had
been OF usurious character, but there were
no evidences in the case from which the
court can find any definite fact in regard to
such a matter. Upon the trial of the cause
the plaintiff, in making out his case, relied
upon the transaction of May 81, and the
plaintiff testified that of the 80, ,750. for
which the note and mortgage in question
were given. between $50 and $40 was for
commission and was added to the amount
due upon the notes, with 10 per cent. inter-
est. The evidence in the case and the facts
found show that in such respect plaintiff
was mistaken as to the facts. Upon the
facts found the defendant is entitled to
Judgment fof costs and disbursements to be
taxed.
COURT NOTES.
Articles of association of the Potter Mining.
Smelling and Refining company were filed
yesterday by Thomas G. Merrill, w. D. Pinks-
ton, John West, Q. E. Baldwin, Robert w.
Bruce and Robert L. Penney. The capital
stock is placed at S500,000. The objects of
the company were fully stated in the GLOBE
TWO or three days ago.
The Northwestern Knitting company, COM
posed of \. c. Paul, E. 0. Tuttle, +. H. Page
George D. Munsing ct al, filed certificate of
incorporation yesterday. The capital stock is
placed at $75, 900.
In the case of David Woodbury. against
Randolph Mitchell, to recover S792.S1 alleged
to be due on building material furnished, de-
cision was filed yesterday allowing the plain
tiff $245.4S.
a motion for a new trial in the case of
William R. Burkhard VS.. George B. Carr was
denied yesterday by Judge Young. The suit
was originally brought to recover $40
3. NJ. w. Jones has sued Leslie G. Lane to re-
cover 500 alleged to be due as commissions
in negotiating the sale of certain real estate.
Daniel w. Vincent is maze defendant in an
action begun by Botz, Clymer s. Co. to re-
cover $1,663.0S due on merchandise sold.
Vinet 5. Russell and Emily Johnson yester-
day took out q license to wed.